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HomeMy WebLinkAbout2018-1273.Johnston.19-01-25 DecisionCrown Employees Grievance Settlement Board Suite 600 180 Dundas St. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Commission de règlement des griefs des employés de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tél. : (416) 326-1388 Téléc. : (416) 326-1396 GSB# 2018-1273 UNION# 2018-0368-0146 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Johnston) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Brian P. Sheehan Arbitrator FOR THE UNION Dan Sidsworth Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Sia Romanidis Treasury Board Secretariat Employee Relations Advisor HEARING January 10, 2019 -2- DECISION [1] The Employer and the Union at the Central East Correctional Centre agreed to participate in the Expedited Mediation/Arbitration process in accordance with the negotiated Protocol. It is not necessary to reproduce the entire Protocol. Suffice to say, that the parties have agreed to a True Mediation/Arbitration process wherein each party provides the Arbitrator with their submissions setting out the facts and the authorities they respectively will rely upon. This decision is issued in accordance with the Protocol and with Article 22.16 of the collective agreement; and it is without prejudice or precedent. [2] The facts in this matter are straightforward and not in dispute. [3] Liz Johnston (the “grievor”) is employed as a Records Clerk at the Central East Correctional Centre. [4] The grievance asserts that the grievor was “bypassed” with respect to an opportunity to work overtime on two dates: May 11 and May 16, 2018. The parties were able to resolve the dispute regarding the overtime claim for May 16, 2018. [5] As to the overtime opportunity on May 11, 2018, upon reviewing the relevant information, it is my determination that the Employer did not improperly bypass the grievor with respect to that overtime opportunity. In endeavouring to equalize overtime opportunities, the Employer properly considered an extra shift that the grievor accepted and then cancelled during the relevant time period as an overtime opportunity in her favour. -3- [6] In light of the above reasoning, the grievance is, hereby, dismissed. Dated at Toronto, Ontario this 25th day of January, 2019. “Brian P. Sheehan” ______________________ Brian P. Sheehan, Arbitrator